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Ridge Seneca Plaza, LLC v. BP Products North America

ELR Citation: 41 ELR 20182
Nos. No. 06-CV-6333, (W.D.N.Y. , 05/03/2011)

A district court dismissed a property owner's negligence and mutual mistake claims against the former owner, as well as its request to rescind the purchase agreement, due to contamination. A shopping center sold the site to a business entity which then assigned the property to the current owner on an "as is" basis. After contamination was discovered on the property, the current owner filed the instant action and sought to have the purchase agreement rescinded. But no evidentiary proof in the record shows active concealment, or a situation that could not be ascertained upon reasonable inspection of the premises, especially considering the commercial entities that were parties to the transaction. Moreover, the property was sold as is, and the owner has not shown that the shopping center made any representations as to the property's condition. The court also rejected claims that the owner was not bound by the terms of the purchase agreement between the shopping center and the business entity. The business entity assigned the entire purchase agreement. A provision of that agreement binds not only the buyer to the terms of the contract, but also any successors and assignees of the buyer.